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Update: Mother of abandoned newborn has been located in Fairbanks, now at hospital

Suzanne Downing
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Update: Mother of abandoned newborn has been located in Fairbanks, now at hospital

Alaska State Troopers’ Alaska Bureau of Investigation Fairbanks Major Crimes Unit have identified and located the mother of the infant who had been abandoned at the intersection of Dolphin Way and Chena Point Avenue in Fairbanks on New Year’s Eve in bitter cold temperatures. The mother is a juvenile and has been taken to a Fairbanks hospital for evaluation and medical care.

The investigation into the circumstances surrounding how the the newborn baby boy came to be abandoned in a cardboard box along the side of the road is ongoing, and no criminal charges have been filed yet, the Department of Public Safety said.

“The Alaska State Troopers would like to thank our partners at Interior Alaska center for Non-Violent Living (IAC), Stevie’s Place, and FMH Forensic Nursing for the critical resources they provide, as well as the countless Alaskans that submitted tips in an effort to resolve this case and protect the wellbeing of the baby and mother,” DPS wrote.

On Tuesday, DPS said the child known as Teshawn, so named in a note that was in the cardboard box with him, continues to be in good health and is in the care of the Office of Children’s Services. Troopers were following leads leads based on the statement in the note that said the mother lived on Cormorant Street.

Fairbanks woman finds newborn baby abandoned in cold on New Years Eve

University ‘students’ sue Dunleavy (with support of UA president) over fate of unused public monies in higher ed fund

Suzanne Downing
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30
University ‘students’ sue Dunleavy (with support of UA president) over fate of unused public monies in higher ed fund

If the special Alaska budget sub-fund called the Power Cost Equalization Fund cannot be “swept” into the Constitutional Budget Reserve, then maybe the Higher Education Investment Fund can’t either.

Some University of Alaska students are testing that theory. They want the HEIF treated like the PCE fund and are asking the courts to decide the question.

It may not actually be students who are forcing the question. In fact, the attorneys handling the lawsuit are former Gov. Bill Walker appointees and Recall Dunleavy attorneys Scott Kendall and Jahna Lindemuth. They are regular litigants against the Dunleavy Administration.

In a message from University Interim President Pat Pitney, also a former Bill Walker functionary, it appears the University of Alaska may be behind the “student” lawsuit:

Gov. Mike Dunleavy asked the Alaska Department of Law to request an expedited ruling for yesterday’s lawsuit filed by the students. The funds at issue are the balance of the fund that was not used or needed to fund student scholarships in the current fiscal year. Those leftover funds were automatically, per the Alaska Constitution, placed in the State’s savings account, the Constitutional Budget Reserve.

Last year, the Supreme Court said the Power Cost Equalization Fund, used to help lower power costs for residents in rural Alaska, could not be swept in such a manner, creating a new legal standard for the Legislature that appears in conflict with the Constitution, but that must stand for now, due to the court order.

The issue in the case is fundamental to how Alaska’s public finances work and how the budget process is structured, the Governor’s Office said.

The lawsuit is at this link.

2022.01.04-ComplaintDownload

“The Alaska Constitution says after the Legislature borrows money from the Constitutional Budget Reserve, which is the main State savings account, this account is automatically paid back from other accounts, like the HEIF, to repay the fund at the end of each fiscal year.  Billions have been borrowed from the CBR.  Under art. IX, sec. 17(d), replenishment of the CBR is mandatory and not subject to control by the Governor, or the Legislature (absent three quarters vote to return the funds to the original accounts),” said Attorney General Treg Taylor.  “If a state account qualifies for the repayment obligation, and the transfer has not been reversed by the Legislature, there is nothing anyone can do to stop the transfer to the CBR. The transfer is compelled by the constitution.”  

Governor Dunleavy said that the Legislature, the University, the Executive Branch, and Alaskans deserve a quick answer from the Court System – the only branch of government that interprets the Alaska Constitution. “I have asked my Attorney General to seek expedited consideration of this issue,” Dunleavy said.

“I have supported scholarship funding every year I have been in office and will continue to do so. Alaska’s students can be assured their scholarships will continue to be funded regardless of this lawsuit,” Dunleavy said.

This story will be updated once Must Read Alaska gets a copy of the actual lawsuit.

Arguable: Is the state’s rural energy subsidy fund special and protected, or part of the general fund?

Jan. 12 fundraiser dedicated to help those harmed by widespread winter storms

Suzanne Downing
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10
Jan. 12 fundraiser dedicated to help those harmed by widespread winter storms

A who’s-who list of politicos is hosting a fundraiser on Jan. 12 to support the American Red Cross of Alaska and its efforts to aid families and businesses in the Matanuska-Susitna Borough and other parts of the state who have suffered damage and harm from the New Year’s storms of 2022.

The fundraiser will be held at Saint Coyote on Dimond Blvd. By using the QR code in the graphic above, you will ensure your donation stays in Alaska. Checks can be made out to “Red Cross of Alaska” and donors are asked to note “disaster relief on their checks.

Gov. Mike Dunleavy, along with several mayors, former mayors, and numerous legislators are co-hosts and sponsors associated with the fundraiser. RSVP to 907-841-1634

Historic: Federal judge puts hold on Navy firing of SEALs who declined Covid vaccine

Suzanne Downing
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Historic: Federal judge puts hold on Navy firing of SEALs who declined Covid vaccine

The United States District Court for the Northern District of Texas on Monday issued a preliminary injunction against President Joe Biden’s federal Covid-19 vaccine mandate, as it pertains to certain Navy SEALs who were seeking religious exemptions.

“Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect. Every president since the signing of the Religious Freedom Restoration Act has praised the men and women of the military for their bravery and service in protecting the freedoms this country guarantees,” wrote Judge Reed O’Connor, in the opinion that prevents the Navy from discharging men and women declaring religious exemptions from the Covid-19 vaccine mandate put in place through Secretary of Defense Lloyd Austin III.

“In this case, members of the military seek protection under those very freedoms. Thirty-five Navy Special Warfare servicemembers allege that the military’s mandatory vaccination policy violates their religious freedoms under the First Amendment and Religious Freedom Restoration Act. The Navy provides a religious accommodation process, but by all accounts, it is theater. The Navy has not granted a religious exemption to any vaccine in recent memory. It merely rubber stamps each denial. The Navy servicemembers in this case seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exemption to the First Amendment… and there is no military exclusion from our Constitution,” said O’Connor.

The court’s order can be read at this link.

By early November, 99.4% of active-duty Navy servicemembers had been fully vaccinated against Covid-19. The plaintiffs in this case represent about .6% of the Navy and are of Catholic, Eastern Orthodox, and Protestant branches of Christianity. They object to the vaccine because of the use of aborted fetal cell lines in the development of the shot, the belief that modifying one’s body is an afront to the Creator; receiving direct, divine instruction not to receive the vaccine; and/or opposition to injecting trace amounts of animal cells into their bodies.

“Plaintiffs’ beliefs about the vaccine are undisputedly sincere, and it is not the role of this Court to determine their truthfulness or accuracy,” the judge wrote.

“The opinion issued in this case is a victory for our Constitution, our active-duty military members, and our institutions. It is our responsibility to protect our servicemen and women from this outrageous mandate that was set in place by their own Commander in Chief. No American, especially our service members, should be required to choose between violating their religious beliefs and serving our country,” said Pam Bondi, counsel at America First Policy Institute, who represent the Navy SEALs in this case.

Nine U.S. senators, including Ted Cruz (R-Texas), Rick Scott (R-Fla.), Mike Lee (R-Utah), Jim Inhofe (R-Okla.), James Lankford (R-Okla.), Steve Daines (R-Mont.), Roger Wicker (R-Miss.), Mike Braun (R-Ind.), and Roger Marshall (R-Kan.), along with 38 members of the House of Representatives, filed an amicus brief in U.S. Navy Seals v. Biden.

The 38 House Republicans were led by Mike Johnson of Louisiana, the House Republican Conference chair.

Defense Secretary Austin made Covid vaccines mandatory, allowing for religious exemptions. But non of the thousands of religious exemption request have been granted. Judge O’Connor noted that the exemption is in name only, and does not exist in reality. He said the preliminary injunction is an extraordinary measure, and that the Department of Defense is likely to lose in court.

The ruling is historic in that it allows military members to defy a direct order given by their commander-in-chief.

Sen. Ted Cruz and 46 other lawmakers join vax lawsuit with Navy SEALs v. Joe Biden

Delta Junction man pleads guilty to death threats against Murkowski and Sullivan

Suzanne Downing
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Delta Junction man pleads guilty to death threats against Murkowski and Sullivan

An elderly Delta Junction man pleaded guilty in U.S. District Court to two counts of threatening to murder a U.S. official, specifically Alaska’s two U.S. senators. Sentencing will occur at a later date.

Jay Allen Johnson, 65, left a voice mail message on Sept. 2, 2021, at the Washington D.C. office of Sen. Lisa Murkowski containing several threats, including a threat to “burn” the senator’s properties.

“I will find out … where you’re at. I will find out all of your properties. And I will burn everything you hope to have,” he said in the message.

On Sept. 29, Johnson left another voice mail threatening to hire an assassin to kill the senator. Johnson also left threatening voicemail messages for Sen. Dan Sullivan between April 2021 and September 2021, including one in which he threatened to get his “.50 caliber out,” hold a “GoFundMe page for the …shells,” and to come “with a vengeance mother*cker.”

“Resign or get the f— gone, or die,” he said on Murkowski’s office voice mail.

The document says Senator Dan Sullivan got 13 phone calls over a six-month period last year from the same phone number. In several of those message, the caller identified himself as Jay Johnson, and even left his Delta Junction post office box address.

The investigation found the call originated in Delta Junction from a cell number linked to Johnson.

Johnson admitted to leaving 17 threatening voice mails for the two senators over a five-month period and said that the messages were intended to retaliate against the senators for performing their official duties.

As part of the plea agreement, Johnson has agreed to the issuance of a three-year federal protective order following his release from federal prison. The protective order will prohibit Johnson from contacting either U.S. senator, their family or staff members. Johnson faces a maximum penalty of 10 years in federal prison for each charge as well as forfeiture of seven firearms, which the FBI discovered in Johnson’s residence during execution of a search warrant. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors.

“Threatening public officials in an attempt to interfere with the performance of their duties is antithetical to our democratic system of governance,” said U.S. Attorney John E. Kuhn, Jr. of the District of Alaska. “To protect the functions of our government institutions and our public officials themselves, the Department of Justice will work to ensure our elected officials can serve without fear of harm.

“The FBI remains steadfast in addressing threats in our communities, including violent threats made against those who are performing their official duties,” said Assistant Special Agent in Charge Shawn Peters of the FBI Anchorage Field Office. “This case underscores the swift efforts by the FBI, the U.S. Attorney’s Office and our law enforcement partners as we worked together to address these threats before any potential acts of violence occurred.”

The Federal Bureau of Investigation and the United States Capitol Police investigated, and Assistant U.S. Attorney Ryan Tansey prosecuted the case.

Ed Rasmuson, philanthropist, has passed

Suzanne Downing
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13
Ed Rasmuson, philanthropist, has passed

Edward Bernard Rasmuson died on Jan. 4, 2022, at his home in Anchorage, the Rasmuson Foundation announced on Tuesday. At 81, the banker, philanthropist, and civic activist had incurable brain cancer and had been in hospice care during recent weeks.

“One of Alaska’s tallest trees has fallen,” said Rasmuson Foundation President and CEO Diane Kaplan, who was hired by Ed as the Foundation’s first employee in 1995. “Ed’s intense love of Alaska inspired a generation of board members and staff. He was a mentor in all matters Alaska and modeled how effective leaders balance work with a full and satisfying life. With Ed, you always knew where you stood. He gave the Rasmuson staff the encouragement and resources to pursue our passions so long as the aim was to benefit Alaskans.”

Rasmuson was born Aug. 27, 1940, in Houston, Texas, to Elmer E. Rasmuson and Lile Vivian (Bernard) Rasmuson.  Raised in pre-statehood Alaska, he joined the family business, National Bank of Alaska, starting out as teller and eventually becoming chairman of the board.

In July 2000, the family sold the bank to Wells Fargo. When his father died that year, most of the estate was bequeathed to the the family foundation created by his father and grandmother in 1955.

The gift quickly made the Rasmuson Foundation the largest private funder in Alaska, and was key to the development and expansion of many nonprofit organizations, the Anchorage Museum, Pick.Click.Give., the Alaska Community Foundation and community foundation in several communities across the state.

Since 1955, Rasmuson Foundation has provided more than $475 million in charitable donations.

The Rasmuson Foundation also got involved in politics, notably with the creation of Plan for Alaska, which promoted restructuring the Permanent Fund to the current management of the fund under an endowment model, with a “percent of market value” used to help fund government. The foundation also promoted creating new sources of revenue, budget cuts, and revision to the state’s oil and gas tax credit system. The foundation launched the Plan for Alaska to move the needle in public perception to reduce the Permanent Fund dividend and diversify income for the state.

“Data shows that our efforts had an impact. Across the board, there has been an increase in the percentage of Alaskans who support the implementation of a state income and sales tax, a combination of cuts and new revenue, and a permanent reduction of the PFD as a means of balancing the state’s budget. We shared these findings with Governor Walker and Alaska legislators as well, giving them unbiased feedback on the pulse of Alaskans that can help guide them in their decision-making this session,” the foundation wrote in 2017.

Ed’s community service included the University of Alaska Board of Regents, the Anchorage Museum Foundation board, Atwood Foundation board, Rotary Club of Anchorage (three decades of perfect attendance), Elks Club, Pioneers of Alaska, Explorer’s Club, UAF Fisheries Research Center advisory board, United Way of Anchorage, and The Foraker Group.

Rasmuson is survived by his wife Cathy, and daughters Laura Emerson and State Sen. Natasha von Imhof. He was preceded in death by sons David and Bruce.

Annual migration to Legislature begins with Wednesday’s cross-Gulf ferry from Whittier

Suzanne Downing
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11
Annual migration to Legislature begins with Wednesday’s cross-Gulf ferry from Whittier

Wednesday, Jan. 5, marks the day when the annual migration of legislators and their staff begins to Alaska’s capital. The Kennicott ferry leaves Whittier with cars, pets, possessions for the 90- 120-day session that begins on Jan. 18. Several legislators are planning to be on board the ferry, which is scheduled to leave at 9 am.

The Whittier tunnel is not open until about 7 am, making it likely that most legislative travelers will be at the ferry terminal later than the three hours advance requested by the ferry system. The trip across the Gulf to Juneau takes about 34 hours.

The Kennicott will make just one trip across the Gulf before going into service at the Ketchikan shipyard for overhaul on Jan. 14. Alaska Marine Highway System says the overhaul will take longer than originally scheduled due to the extent of work needed, vendor delays, and supply chain issues. The estimate is for 98 days, with a return to service on April 21.

How other legislators and staff not traveling Wednesday will get their vehicles to Juneau is a question. Some may drive to Haines to pick up the Kennicott on its last trip to that northern Lynn Canal community. From Haines, the ferry goes back to Juneau, then on to the shipyards in Ketchikan.

Built in 1998, the M/V Kennicott is one of the younger vessels in the AMHS system. It has the capacity of up to 499 passengers, up to 78 vehicles and has cabins for overnight sailings. The vessel can be transformed into a command center for emergency teams responding to a marine disaster. AMHS says the Kennicott has had little time in the shipyard over the past two years and has an extensive checklist of maintenance items.

North Korea missile launch puts Fort Greely on high alert

Suzanne Downing
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13
North Korea missile launch puts Fort Greely on high alert

North Korea fired what is believed to be a missile into the waters of the Pacific Ocean on Wednesday morning, according to the Japanese government.

In response, Fort Greely, Alaska personnel were ordered to find shelter immediately during what was still Tuesday afternoon in Alaska.

It’s unknown what kind of projectile it was, but the Japanese Defense Ministry said it was probably a missile. Other MRAK sources said it was a hypersonic missile launched from a submarine.

The last missile Pyongyang launched was in October. In 2017, an intercontinental ballistic missile was launched in North Korea that had a range of 8,100 miles, and could have reached the U.S. mainland in less than 30 minutes. Anchorage and Joint Base Elmendorf Richardson are the closest major population centers to North Korea.

North Korean leader Kim Jong Un has recently said he would step up missile testing, and it’s believed he is trying to have North Korea become accepted as a nuclear power. Diplomatic relations with the United States have been strained.

At a press briefing on Tuesday, Department of State spokesman Ned Price said the U.S. is committed to achieving lasting peace on the Korean Peninsula through dialogue and diplomacy with the DPRK.

“To that end, we’ll continue to seek engagement with the DPRK, part of a calibrated, practical approach in order to more – to make tangible progress that increases the security of the United States, our allies, and our deployed forces. That is our ultimate objective. That was the result of the policy review that this administration conducted in the first few months of our time in office. Again – and we’ve made this point repeatedly – but we have no hostile intent towards the DPRK. We are prepared to meet without preconditions. We hope the DPRK will respond positively to our outreach, but all the while, we’re continuing to consult closely with our allies and partners, and that includes, of course, the Republic of Korea, Japan, and other allies and partners about how we might best engage the DPRK towards this end and this shared objective,” he said. That was before the missile was launched.

Fort Greely, 100 miles southeast of Fairbanks, is part of the critical national missile defense system for the country and has the capability to launch a defense missile in the event of an actual attack. Located a the fort is the Ground-Based Midcourse Defense, 49th Missile Defense Battalion, 59th Signal Battalion, Cold Regions Test Center, Army and Air Force Exchange Service, Defense Commissary Agency, Logistics Readiness Center, 

New RDC director: Leila Kimbrell, former state director for Murkowski

Suzanne Downing
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New RDC director: Leila Kimbrell, former state director for Murkowski

Leila Kimbrell has been named the new executive director of the Resource Development Council.

“Leila is a proven leader and ideal for this role,” said Lori Nelson, RDC board president and manager of public affairs at Hilcorp Alaska. “She understands policy and politics and how they impact resource development in Alaska. Leila is also well versed in Alaska’s incredible resource potential, and the benefits it offers not only to RDC’s members, but all Alaskans. We look forward to her leadership and advocacy.”

Kimbrell served as Sen. Lisa Murkowski’s state director, a job she held for more than four years. She worked as an attorney in private practice for a variety of clients before joining Murkowski’s team in 2017. She is a graduate of the University of Alaska Anchorage, and holds a law degree from Willamette University’s College of Law.

Her career has provided her many opportunities to work on issues touching every industry RDC represents. She has advised clients on environmental and compliance issues, such as the Clean Water Act, and laws unique to Alaska, such as ANILCA. Kimbrell has also participated in numerous public meetings and hearings at all levels of government, on both sides of the table.

Kimbrell has worked on high-profile issues like ANWR, Willow, the Ambler project, fisheries management, and timber, including fighting the repeal of the Roadless Rule Exemption for the Tongass National Forest.

Kimbrell is a lifelong Alaskan, born and raised in the Soldotna area. Her experience with resource development spans generations, with her father and uncle having worked in Cook Inlet’s oil industry.

She will assume her new role at RDC on Jan. 24, 2022, replacing Marleanna Hall, who has left the organization in November after several years.

RDC is an Alaskan trade association with members in fishing, forestry, mining, oil and gas, and tourism, as well as the 12 regional Native corporations, labor, individuals, and others supporting the responsible development of Alaska’s natural resources. More information is available at akrdc.org.

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